Terms & Conditions

Acknowledgement and Acceptance

The use of the App and Services is governed by the terms and conditions set out below, as updated from time to time (Terms) and any terms and conditions of Apple Inc and Google LLC (as applicable).

 By downloading or installing the App, accessing and/or using the Services, you have accepted these Terms in their entirety and you acknowledge and agree to be bound by these Terms which constitutes a binding agreement between you and Ventura. You are responsible for your compliance with these Terms (including any updated versions).

PLEASE ENSURE YOU READ AND UNDERSTAND THESE TERMS  BEFORE USING THE APP AND/OR THE SERVICES.

If you do not agree to these Terms, then you should uninstall this App immediately and you should not use the Services and/or the App.

These Terms supersede any prior arrangement between you and Ventura.

Ventura reserves the right to change, modify or update these Terms at any time and at its sole discretion by posting revisions on the Ventura Website. Continued use of the App or the Services following the posting of these changes or modifications will constitute acceptance of such changes or modifications.

You acknowledge and agree that Ventura may at any time, cease offering some or all of the Services.

You will require your own internet connection to use the application and will be responsible for any associated costs of data use. You are responsible for enabling notifications from the App to ensure you receive confirmation of the booking, notifications in relation to your trip any other updates or notifications from Ventura and DOT from time to time. You may choose not to enable notifications, however, you acknowledge that by doing so, this may impact your use of the App and Services.

Definitions

In these Terms, the following definitions apply unless otherwise stated:

• “App” means the Ventura customer applications available for download from the Google Play and Apple iTunes stores.
• “Associated Parties” includes Ventura’s related entities, its contractors and subcontractors.
• “Booking” means a confirmed agreement for Ventura to pick you up at a nominated time and location and transport you to an agreed location.
• “DOT” means the Victorian Department of Transport.
• “Pilot Region” means one of the geographical zones in which the Services are available.
• “Services” means the provision of on-demand transport services by or on behalf of Ventura within a dedicated Pilot Region and available to be booked by you.
• “User” means any individual that downloads the App and/or uses the Services.
• “Vehicle” means a vehicle used by Ventura to provide the Services.
• “Ventura” means Ventura Bus Lines Pty Ltd ACN 005 798 121, the operator of the Services.
• “Ventura’s Privacy Policy” means the privacy policy on the Website, www.venturabus.com.au/privacy-policy.
• “Website” means www.venturabus.com.au.
• "You” means the person that has entered into these Terms by downloading or installing the App and/or using the Services.

Description of the Services

Account requirements

By becoming a user, you warrant the right, authority, and capacity to enter into and abide by these Terms and agree not to allow any other person access to your account.

You understand that you must have a booking to board a Vehicle. Any User that attempts to board a Vehicle without a booking will be denied carriage and entry to the Vehicle.

Ventura does not warrant that the App and/or the Services will be accurate, reliable, secure, accessible or free from errors or defects. Ventura is providing the App and Services to you "as is" and you are using the application at your own risk.

Bookings

When is a Booking made?

A Booking is made upon confirmation from Ventura (either through the App, by email, SMS or over the phone) and notification of the estimated pick up time is provided to you. Until you have received this notification, no Booking has been confirmed by Ventura.

Ventura reserves the right to refuse carriage and entry to the Vehicle if you cannot demonstrate you have an existing Booking.

Multiple Passengers

You must nominate at the time of Booking if any additional passengers will be joining you on your trip. You acknowledge that a failure to notify Ventura of any additional passengers at the time of Booking, may entitle Ventura to refuse carriage and entry to the Vehicle to the additional passengers and/or cancel the Booking in its entirety.

Specific Assistance

If wheelchair accessible service is required, you must notify Ventura at the time of Booking.

Assistance animals are welcome on board the Vehicle but Ventura must be notified at the time of booking to ensure space.

Seat allocation

Allocated seating is not provided and it is therefore your responsibility to select a seat when you board the Vehicle.

You understand that you are responsible for your own safety.

Conditions of Carriage

When using the Service, you agree to abide by all relevant regulations and policies, including but not limited to those set out in the Commercial Passenger Vehicle Industry Act (VIC) 2017, Transport Integration Act (VIC) 2010.

If you fail to abide by any of the above, Ventura may prohibit you from using the Services and/or suspending your account.

Privacy and Personal Information

Use of the App may require you to disclose personal information when creating your user profile. The App will also collect information about your use of the Services, including trips booked. Ventura’s Privacy Policy will apply to all personal information provided by you.

You acknowledge and agree that your personal information may be provided to third parties, such as DOT, Ventura’s insurers and external legal advisors, in the event of a claim or accident.

You acknowledge and agree that your personal information and information in relation to your use of the Services may be disclosed to the DOT, other Australian government agencies and other third parties.

Ventura and/or the DOT may also use your contact details to conduct surveys relating to the provision of the Service.

You understand that by using the Service, you consent to the collection, use and disclosure of your personal information and information in relation to your use of the Services in the manner outlined above.

Ownership of Intellectual Property

All intellectual property associated with the Service is owned by Ventura, its Associated Parties and DOT.

Subject to these Terms, you are granted a revokable, non-perpetual, non-transferable, non-exclusive licence to use the App for the purposes outlined above and no other purpose. Ventura and DOT give no warranties, and will not in any circumstances be liable for the infringement of third party intellectual property rights in relation to your use of the App.

Any material (other than personal information) uploaded by you, will become the property of Ventura. This includes feedback comments, ratings of Ventura drivers or Services and materials uploaded onto social media sites and pinned to the Services. By uploading any images or other materials onto public areas of the App, you consent to the use of these materials or other publications by Ventura.

Limitation of Liability

Ventura will use its best endeavours to deliver the Services in line with these Terms.

To the extent permitted by law, Ventura and its Associated Parties are not liable for any loss (including direct or indirect losses, damage, liability or expenses arising naturally from the performance or non-performance (including any negligent or wilful act or omission) any breach or default by Ventura or a third party) caused by or contributed to by your use of the App and/or the Services.

For the avoidance of doubt, Ventura will not be liable for any costs incurred by you as a result of a cancelled Booking, including consequential damages or the cost of alternative travel arrangements, including without limitation for any failure to meet a subsequent journey on any form of transport.

The limitations under this section do not purport to limit liability or reduce your rights as a consumer that cannot be excluded under the consumer law set out in Schedule 2 of the Competition and Consumer Act (Cth) 2010.

Indemnity

You agree to indemnify Ventura, any of its Associated Parties, as well as their directors, officers, employees and agents, and DOT from any and all claims, liabilities, losses and expenses arising directly or indirectly from or in connection with:

• Your use of the App and/or the Services;
• Your breach or violation of any of these Terms;
• Ventura and the DOT’s use of information provided by you (provided this is in accordance with the Privacy Policy); or
• Violation of the rights of any third parties, including third party providers and other users; or
• Suspension or termination of your account.

Behaviour

You understand that violent, discriminative, antisocial, disrespectful or otherwise inappropriate behaviour may result in Ventura prohibiting you from using the Services and/or suspending your account.

Notices

You understand that Ventura will send notices to you both by email and through the App. It is your responsibility to ensure the email linked to your account is both valid and regularly monitored.

You can unsubscribe from notices at any time through the App.

You acknowledge that unsubscribing from notices may affect your ability to use the App and/or the Services and under no circumstances will Ventura be liable for a failure of the App or the Services as a result.

General Provisions

Relationship between the Parties

Ventura will provide the Services as an independent contractor and nothing in these Terms will be construed so as to constitute Ventura as your employee or constitute a partnership between you and Ventura.

Applicable Law

The use of the App and the Services will be governed and construed in accordance with the laws of the State of Victoria, and the User submits to the non-exclusive jurisdiction of the courts of the State of Victoria.

Assignment

You may not assign your rights under these Terms without prior written consent of Ventura.

Entire Agreement

This document records the entire agreement between you and Ventura. The parties exclude all terms implied by law, where possible. Neither party has given any warranty or made any representation to the other party about the Services, other than those warranties and representations expressed in this document.

Severance

In the event that any term should be held to be unenforceable that term shall be read down or severed and the remainder of these terms and conditions shall continue to apply to the Services.